Common use of Reduced Return Clause in Contracts

Reduced Return. If Bank shall have determined that any applicable law, regulation, rule or regulatory requirement applicable to Bank (collectively in this Section 3.5 "REQUIREMENT") regarding capital adequacy, or any change therein, or any change in the interpretation or administration thereof by any United States federal or state governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on Bank's capital as a consequence of its Revolving Commitment and obligations hereunder to a level below that which would have been achieved but for such Requirement, change or compliance (taking into consideration Bank's policies with respect to capital adequacy) by an amount deemed by Bank to be material (which amount shall be determined by Bank's reasonable allocation of the aggregate of such reductions resulting from such events), then from time to time, within five Business Days after demand by Bank (including a calculation in reasonable detail of such amount), Borrower shall pay to Bank such additional amount or amounts as will compensate Bank for such reduction. Bank does not currently have knowledge of any new Requirement or any pending change in any existing Requirement that would result in such additional amounts being owed.

Reduced Return. If Bank shall have determined that any applicable law, ------------------ regulation, rule or regulatory requirement applicable to Bank (collectively in this Section 3.5 "REQUIREMENTRequirement") regarding capital adequacy, or any change ----------- therein, or any change in the interpretation or administration thereof by any United States federal or state governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on Bank's capital as a consequence of its Revolving Commitment and obligations hereunder to a level below that which would have been achieved but for such Requirement, change or compliance (taking into consideration Bank's policies with respect to capital adequacy) by an amount deemed by Bank to be material (which amount shall be determined by Bank's reasonable allocation of the aggregate of such reductions resulting from such events), then from time to time, within five Business Days after demand by Bank (including a calculation in reasonable detail of such amount), Borrower shall pay to Bank such additional amount or amounts as will compensate Bank for such reduction. Bank does not currently have knowledge of any new Requirement or any pending change in any existing Requirement that would result in such additional amounts being owed.